Judge: Robert P. Dahlquist, Case: 37-2022-00044944-CU-PO-NC, Date: 2024-03-29 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - March 28, 2024

03/29/2024  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  PI/PD/WD - Other Discovery Hearing 37-2022-00044944-CU-PO-NC ROPER VS. HOME DEPOT USA INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/06/2024

Plaintiff Eleanor Roper's motions to compel discovery responses (ROA #'s 51-52) are granted in part and denied in part. The motions are denied with respect to the request for monetary sanctions because the notices do not comply with CCP § 2023.040 (fails to identify the name of all parties and attorneys against whom sanctions are being sought, fails to specify the type of sanction sought and fails to cite the authority for such sanctions).

The motions are granted in all other respects.

Plaintiff propounded discovery requests (request for production of documents, form interrogatories, special interrogatories and request for admissions) on defendant C&K Paving Contractors, Inc. on April 13, 2023. See Jones Dec. (ROA #'s 51 and 52), ¶ 2. According to the moving party, no verified responses have been received. Id. at ¶ 7.

Defendant C&K Paving Contractors, Inc. is ordered to provide full and complete verified responses to the Form Interrogatories, Special Interrogatories and Request for Production of Documents. By failing to respond to the interrogatories and inspection demand in a timely fashion, defendant C&K has waived the right to assert objections. Defendant C&K's verified responses must be sent to Attorney Daniel L. Jones at Harris Personal Injury Lawyers, Inc., 301 Mission Avenue, Suite 203, Oceanside, California 92054 by no later than April 19, 2024.

The matters specified in the requests for admission are deemed admitted pursuant to CCP § 2033.280(c) unless defendant provides verified responses at or prior to the hearing.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance (in person or remote) hearing at 1:30 p.m. on Friday, March 29, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of March 29, 2024. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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